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BNSS-Possible Pleas By The Proposed Accused At The Pre-Cognizance Stage
Before taking cognizance of an offence, on a complaint filed on or after 01.07.2024, the Magistrate shall afford the accused an opportunity of being heard. Compliance with this requirement under the first proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSS') is mandatory. In short, this is the substance of the decision rendered by the Supreme Court in the case of Kushal Kumar Agarwal.1 Object of the provision The first proviso to...
Kanwar Yatra : Supreme Court Refuses To Examine Legality Of QR Code Directives, Says Hotels Need Only Display Licences As Per Law
Considering that the Kanwar Yatra pilgrimage of this year is ending today, the Supreme Court on Tuesday (July 22) refused to go into the legality of the directives issued by the Uttar Pradesh and Uttarakhand authorities to the eateries along the Kanwar Yatra route to display QR codes which would enable the pilgrims to know the details of the owners.A bench of Justice MM Sundresh and Justice...
Supreme Court Rejects Plea Against Political Parties Using Tricolour Flags With Election Symbols
The Supreme Court today (July 22) refused to entertain a Public Interest Litigation against political parties using flags with the tricolour along with party symbols. The bench of CJI BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria was hearing a PIL filed by a petitioner in person against using the tricolour of the National Flag as part of their political campaign, replacing the...
7/11 Mumbai Train Blasts Case : Maharashtra Approaches Supreme Court Challenging Bombay HC's Acquittals Of All Accused
The State of Maharashtra has approached the Supreme Court challenging the Bombay High Court's judgment which acquitted all 12 accused in the 7/11 Mumbai train blasts case of 2006.Solicitor General of India Tushar Mehta mentioned the matter before a bench led by the Chief Justice of India for urgent listing. CJI agreed to list the matter on Thursday."It is a serious matter..SLP is ready....
Supreme Court Issues Notice To Union & All States On President's Reference On Timelines For Bills' Assent
The Supreme Court today(July 22) issued notice to the Union Government and all the State Governments on the Presidential Reference made by President Droupadi Murmu concerning the powers of the Governor and the President under Article 200 and 201 of the Constitution, respectively, concerning power to assent on Bills. A Constitution Bench headed by Chief Justice of India BR Gavai and...
Registered Will Carries Presumption Of Genuineness; Burden Of Proof On Party Disputing Its Validity : Supreme Court
The Supreme Court on Monday (July 21) reiterated that a registered 'Will' carries a presumption of due execution and genuineness, and the burden of proof lies heavily on the party challenging the Will. Holding so, the bench comprising Justice Vikram Nath and Justice Sandeep Mehta set aside the Andhra Pradesh High Court's decision judgment that had reduced the Appellant/Lasum Bai's share in...
'Election Commission Has Power To Verify Citizenship' : ECI Tells Supreme Court In Bihar SIR Matter
The Election Commission of India (ECI) has defended its authority to seek proof of citizenship during the Special Intensive Revision (SIR) of electoral rolls in Bihar, in a counter-affidavit filed before the Supreme Court in the batch of petitions challenging the SIR process.Responding to the petitioner's argument that the ECI was overstepping its jurisdiction by calling upon individuals to...
Jagdeep Dhankhar Resigns As Vice President
Jagdeep Dhakhar tendered his resignation as the Vice President of India to prioritise "health care and abide by medical advice."In a letter to the President, Dhankhar submitted his resignation in terms of Article 67(a) of the Constitution. He expressed his gratitude to the President, the Prime Minister and the Council of Ministers.Dhankhar, who was previously a Senior Advocate practising in...
Supreme Court Dismisses Plea To Reject Ex-TN CM O Panneerselvam's Election Petition Against MP Navas Kani's Win In 2024 LS Polls
The Supreme Court today(July 21) dismissed a special leave petition filed by MP K Navas Kani, of the Indian Union Muslim League, challenging the Madras High Court's order dismissing his pleat to reject the petition filed by former Chief Minister O. Panneerselvam challenging MP Kani's victory in the June 2024 Lok Sabha polls on grounds of suppression of facts. By an order dated April 21,...
Dharmasthala Burial Case : YouTube Channel Approaches Supreme Court Challenging Order To Delete 'Defamatory' Content Against Temple Family
A special leave petition has been filed before the Supreme Court challenging the Bengaluru Court ex-parte interim order which restrained various media houses and YouTube channels from publishing any "defamatory content" against the family running the Sri Manjunathaswamy temple, Dharmasthala(Karnataka) and also the temple in relation to the "Dharmasthala Burial" caseTo recap, the case arises...